Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 157 (2025GS)

Sponsor

Sen. Pitcher, Stephanie

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• prohibits a minor from declining to enter into a nonjudicial adjustment agreement unless the minor has received advice from legal counsel, with exceptions;
• modifies the duties of the Indigent Defense Commission to include encouraging the provision of resources for minors to receive access to legal advice when considering a nonjudicial adjustment;
• modifies the duties of the Office of Indigent Defense Services to require the office to provide no-cost legal advice for minors considering a nonjudicial adjustment;
• permits the Office of Indigent Defense Services to employ or contract with an attorney to provide legal advice to minors considering a nonjudicial adjustment;
• creates procedures for giving notice of requirements before declining a nonjudicial adjustment agreement; and
• makes clarifying amendments.

Every vote on this bill

Bill text

22
78B-22-204
78B-22-404
78B-22-452
80-6-304
80-6-602
0
Nonjudicial Adjustment Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Pitcher
House Sponsor: Ryan D. Wilcox
LONG TITLE
General Description:
This bill modifies the provisions of the Indigent Defense Act in relation to nonjudicial 
adjustments and access to legal counsel.
Highlighted Provisions:
This bill:
prohibits a minor from declining to enter into a nonjudicial adjustment agreement unless 
the minor has received advice from legal counsel, with exceptions;
modifies the duties of the Indigent Defense Commission to include encouraging the 
provision of resources for minors to receive access to legal advice when considering a 
nonjudicial adjustment;
modifies the duties of the Office of Indigent Defense Services to require the office to 
provide no-cost legal advice for minors considering a nonjudicial adjustment;
permits the Office of Indigent Defense Services to employ or contract with an attorney to 
provide legal advice to minors considering a nonjudicial adjustment;
creates procedures for giving notice of requirements before declining a nonjudicial 
adjustment agreement; and
makes clarifying amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78B-22-204
, as last amended by Laws of Utah 2021, Chapter 124
78B-22-404
, as last amended by Laws of Utah 2024, Chapter 193
78B-22-452
, as last amended by Laws of Utah 2024, Chapter 193
80-6-304
, as last amended by Laws of Utah 2023, Chapter 161
80-6-602
, as enacted by Laws of Utah 2021, Chapter 261
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
78B-22-204
 is amended to read:
78B-22-204
. Waiver by a minor.
(1)
A minor may not waive the right to be represented by counsel at all stages of court 
proceedings unless:
(1)
(a)
the minor has consulted with counsel; and
(2)
(b)
the court is satisfied that in light of the minor's unique circumstances and 
attributes:
(a)
(i)
the minor's waiver is knowing and voluntary; and
(b)
(ii)
the minor understands the consequences of the waiver.
(2)
A minor may not decline to enter into a nonjudicial adjustment without first being 
advised of their right to consult with counsel, consistent with the requirements of 
Section 
80-6-304
.
Section 2, Section 
78B-22-404
 is amended to read:
78B-22-404
. Powers and duties of the commission.
(1)
The commission shall:
(a)
adopt core principles for an indigent defense system to ensure the effective 
representation of indigent individuals consistent with the requirements of the United 
States Constitution, the Utah Constitution, and the Utah Code, which principles at a 
minimum shall address the following:
(i)
an indigent defense system shall ensure that in providing indigent defense services:
(A)
an indigent individual receives conflict-free indigent defense services; and
(B)
there is a separate contract for each type of indigent defense service; and
(ii)
an indigent defense system shall ensure an indigent defense service provider has:
(A)
the ability to exercise independent judgment without fear of retaliation and is 
free to represent an indigent individual based on the indigent defense service 
provider's own independent judgment;
(B)
adequate access to indigent defense resources;
(C)
the ability to provide representation to accused individuals in criminal cases at 
the critical stages of proceedings, and at all stages to indigent individuals in 
juvenile delinquency and child welfare proceedings;
(D)
a workload that allows for sufficient time to meet with clients, investigate 
cases, file appropriate documents with the courts, and otherwise provide 
effective assistance of counsel to each client;
(E)
adequate compensation without financial disincentives;
(F)
appropriate experience or training in the area for which the indigent defense 
service provider is representing indigent individuals;
(G)
compensation for legal training and education in the areas of the law relevant 
to the types of cases for which the indigent defense service provider is 
representing indigent individuals; and
(H)
the ability to meet the obligations of the Utah Rules of Professional Conduct, 
including expectations on client communications and managing conflicts of 
interest;
(b)
encourage and aid indigent defense systems in the state in the regionalization of 
indigent defense services to provide for effective and efficient representation to the 
indigent individuals;
(c)
emphasize the importance of ensuring constitutionally effective indigent defense 
services;
(d)
encourage members of the judiciary to provide input regarding the delivery of 
indigent defense services; 
(e)
oversee individuals and entities involved in providing indigent defense services;
 and
(f)
manage county participation in the Indigent Aggravated Murder Defense Fund 
created in Section 
78B-22-701
.
; and
(g)
develop and oversee the provision of resources for minors to access legal advice 
when considering a nonjudicial adjustment.
(2)
The commission may:
(a)
make rules in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, to carry out the commission's duties under this part;
(b)
assign duties related to indigent defense services to the office to assist the 
commission with the commission's statutory duties;
(c)
request supplemental appropriations from the Legislature to address a deficit in the 
Indigent Inmate Fund created in Section 
78B-22-455
; and
(d)
request supplemental appropriations from the Legislature to address a deficit in the 
Child Welfare Parental Representation Fund created in Section 
78B-22-804
.
Section 3, Section 
78B-22-452
 is amended to read:
78B-22-452
. Duties of the office.
(1)
The office shall:
(a)
establish an annual budget for the office for the Indigent Defense Resources 
Restricted Account created in Section 
78B-22-405
;
(b)
assist the commission in performing the commission's statutory duties described in 
this chapter;
(c)
identify and collect data that is necessary for the commission to:
(i)
aid, oversee, and review compliance by indigent defense systems with the 
commission's core principles for the effective representation of indigent 
individuals; and
(ii)
provide reports regarding the operation of the commission and the provision of 
indigent defense services by indigent defense systems in the state;
(d)
assist indigent defense systems by reviewing contracts and other agreements, to 
ensure compliance with the commission's core principles for effective representation 
of indigent individuals;
(e)
establish procedures for the receipt and acceptance of complaints regarding the 
provision of indigent defense services in the state;
(f)
establish procedures to award grants to indigent defense systems under Section 
78B-22-406
 that are consistent with the commission's core principles;
(g)
create and enter into contracts consistent with Section 
78B-22-454
 to provide 
indigent defense services for an indigent defense inmate who:
(i)
is incarcerated in a state prison located in a county of the third, fourth, fifth, or 
sixth class as classified in Section 
17-50-501
;
(ii)
is charged with having committed a crime within that state prison; and
(iii)
has been appointed counsel in accordance with Section 
78B-22-203
;
(h)
assist the commission in developing and reviewing advisory caseload guidelines and 
procedures;
(i)
investigate, audit, and review the provision of indigent defense services to ensure 
compliance with the commission's core principles for the effective representation of 
indigent individuals;
(j)
administer the Child Welfare Parental Representation Program in accordance with 
Part 8, Child Welfare Parental Representation Program;
(k)
administer the Indigent Aggravated Murder Defense Fund in accordance with Part 7, 
Indigent Aggravated Murder Defense Fund;
(l)
assign an indigent defense service provider to represent an individual prosecuted for 
aggravated murder in accordance with Part 7, Indigent Aggravated Murder Defense 
Fund;
(m)
provide access for a minor to receive legal advice, at no cost, in connection with 
considering a nonjudicial adjustment;
(m)
(n)
annually report to the governor, Legislature, Judiciary Interim Committee, and 
Judicial Council, regarding:
(i)
the operations of the commission;
(ii)
the operations of the indigent defense systems in the state; and
(iii)
compliance with the commission's core principles by indigent defense systems 
receiving grants from the commission;
(n)
(o)
submit recommendations to the commission for improving indigent defense 
services in the state;
(o)
(p)
publish an annual report on the commission's website; and
(p)
(q)
perform all other duties assigned by the commission related to indigent defense 
services.
(2)
The office may
:
(a)
enter into contracts and accept, allocate, and administer funds and grants from any 
public or private person to accomplish the duties of the office
.
; and
(b)
employ or contract with an attorney to provide counsel, at no cost, to any minor 
considering a nonjudicial adjustment.
(3)
Any contract entered into under this part shall require that indigent defense services are 
provided in a manner consistent with the commission's core principles implemented 
under Section 
78B-22-404
.
Section 4, Section 
80-6-304
 is amended to read:
80-6-304
. Nonjudicial adjustments -- Requirement to seek legal counsel before 
declination.
(1)
For a nonjudicial adjustment, the juvenile probation officer may require a minor to:
(a)
pay a financial penalty of no more than $250 to the juvenile court, subject to the 
terms established under Subsection 
(4)
(5)
;
(b)
pay restitution to any victim;
(c)
complete community or compensatory service;
(d)
attend counseling or treatment with an appropriate provider;
(e)
attend substance abuse treatment or counseling;
(f)
comply with specified restrictions on activities or associations;
(g)
attend victim-offender mediation if requested by the victim; and
(h)
comply with any other reasonable action that is in the interest of the minor, the 
community, or the victim.
(2)
(a)
Within seven days of receiving a referral that appears to be eligible for a 
nonjudicial adjustment in accordance with Section 
80-6-303.5
, the juvenile probation 
officer shall provide an initial notice to reasonably identifiable and locatable victims 
of the offense contained in the referral.
(b)
The victim shall be responsible to provide to the juvenile probation officer upon 
request:
(i)
invoices, bills, receipts, and any other evidence of injury, loss of earnings, and 
out-of-pocket loss;
(ii)
documentation and evidence of compensation or reimbursement from an 
insurance company or an agency of the state, any other state, or the federal 
government received as a direct result of the crime for injury, loss of earnings, or 
out-of-pocket loss; and
(iii)
proof of identification, including home and work address and telephone numbers.
(c)
The inability, failure, or refusal of the victim to provide all or part of the requested 
information shall result in the juvenile probation officer determining restitution based 
on the best information available.
(3)
The juvenile probation officer may not predicate acceptance of an offer of a nonjudicial 
adjustment on an admission of guilt.
(4)
(a)
A minor may not decline to enter into a nonjudicial adjustment without first being 
advised of their right to consult with counsel, subject to the requirements of this 
section.
(b)
If a minor seeks to decline a nonjudicial adjustment, the juvenile probation officer 
shall inform the minor of:
(i)
the minor's right to consult with counsel; and
(ii)
the availability of resources for the minor to receive legal advice provided by the 
Office of Indigent Defense Services created in Section 
78B-22-451
.
(c)
If a minor seeks to decline a nonjudicial adjustment, and also declines to seek the 
advice of counsel after being informed as required under Subsection (4)(b), the 
juvenile probation officer shall:
(i)
sign an acknowledgment that the juvenile probation officer provided the minor 
with the information required by Subsection 
(4)(b)
;
(ii)
have the minor sign an acknowledgment that the minor received the information 
required by Subsection 
(4)
(b) and knowingly and voluntarily declined to seek the 
advice of counsel; and
(iii)
permit the minor to decline the nonjudicial adjustment.
(d)
No provision of this section affects a court's obligation to ensure a minor's right to 
counsel in the event a petition is filed.
(4)
(5)
(a)
The juvenile probation officer may not deny a minor an offer of a nonjudicial 
adjustment due to a minor's inability to pay a financial penalty under Subsection 
(1)
.
(b)
The juvenile probation officer shall base a fee, fine, or the restitution for a 
nonjudicial adjustment under Subsection 
(1)
 upon the ability of the minor's family to 
pay as determined by a statewide sliding scale developed in accordance with Section 
63M-7-208
.
(5)
(6)
(a)
A nonjudicial adjustment may not extend for more than 90 days, unless a 
juvenile court judge extends the nonjudicial adjustment for an additional 90 days.
(b)
A juvenile court judge may extend a nonjudicial adjustment beyond the 180 days 
permitted under Subsection 
(5)(a)
(6)(a)
:
(i)
for a minor who is:
(A)
offered a nonjudicial adjustment for a sexual offense under 
Title 76, Chapter 
5, Part 4, Sexual Offenses
, that the minor committed before the minor was 12 
years old; or
(B)
referred to a prosecuting attorney for a sexual offense under 
Title 76, Chapter 
5, Part 4, Sexual Offenses
, that the minor committed before the minor was 12 
years old; and
(ii)
the judge determines that:
(A)
the nonjudicial adjustment requires specific treatment for the sexual offense;
(B)
the treatment cannot be completed within 180 days after the day on which the 
minor entered into the nonjudicial adjustment; and
(C)
the treatment is necessary based on a clinical assessment that is 
developmentally appropriate for the minor.
(c)
If a juvenile court judge extends a minor's nonjudicial adjustment under Subsection 
(5)(b)
(6)(b)
, the judge may extend the nonjudicial adjustment until the minor 
completes the specific treatment, but the judge may only grant each extension for 90 
days at a time.
(6)
(7)
If a minor violates Section 
76-10-105
, the minor may be required to pay a fine or 
penalty and participate in a court-approved tobacco education program with a 
participation fee.
Section 5, Section 
80-6-602
 is amended to read:
80-6-602
. Hearings or proceedings for minors -- Prosecuting attorney -- Order 
for indigent defense -- Custody in the Division of Child and Family Services.
(1)
In a hearing or proceeding under this chapter, the juvenile court:
(a)
shall admit any person who has a direct interest in the case;
(b)
may admit any person whose presence is requested by the minor's parent or guardian; 
and
(c)
shall exclude any other person except as provided in Subsection 
(2)
.
(2)
In a hearing or proceeding under this chapter for a minor who is 14 years old or older, 
the juvenile court shall admit any person, unless the hearing or proceeding is closed by 
the juvenile court upon findings, on the record, for good cause if:
(a)
the minor has been charged with an offense that would be a felony if committed by 
an adult; or
(b)
the minor is charged with an offense that would be a class A or B misdemeanor if 
committed by an adult and the minor has been previously charged with an offense 
that would be a misdemeanor or felony if committed by an adult.
(3)
If more than one minor is alleged to be involved in a violation of a law or ordinance, the 
proceedings for the violation may be consolidated, except a separate hearing may be 
held with respect to a disposition for a minor.
(4)
The county attorney, or the district attorney if within a prosecution district, shall 
represent the state in a proceeding under this chapter.
(5)
If a minor is facing a proceeding under this chapter, a juvenile court shall:
(a)
appoint an indigent defense service provider for the minor in accordance with 
Title 
78B, Chapter 22, Part 2, Appointment of Counsel
; and
(b)
order indigent defense services for the minor in accordance with 
Title 78B, Chapter 
22, Part 2, Appointment of Counsel
.
(6)
If a minor is facing a proceeding under this chapter, a minor may not decline to enter 
into a nonjudicial adjustment without first being advised of their right to consult with 
counsel, subject to the requirements of Subsection 
80-6-304(4)
.
(6)
(7)
A juvenile court may appoint an attorney guardian ad litem under Section 
78A-2-803
, or as otherwise provided by law, to represent a child under this chapter.
(7)
(8)
A juvenile court may not vest custody of a minor facing a delinquency proceeding 
under this chapter in the Division of Child and Family Services, except as provided in 
Chapter 3, Abuse, Neglect, and Dependency Proceedings
.
Section 6. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-13-25 3:12 PM